Opinion
September 24, 1991
Appeal from the Supreme Court, New York County (Walter Schackman, J.).
In determining whether or not the plaintiff wife has adequately pleaded a cause of action for divorce on the basis of cruel and inhuman treatment (see, Domestic Relations Law § 170), the IAS court is permitted broad discretion in balancing the several factors in each case (Hessen v. Hessen, 33 N.Y.2d 406). We find that the IAS court did not err in determining that the complaint adequately alleges acts of cruel and inhuman treatment that form a continuous course of conduct extending into the five-year limitation period established in Domestic Relations Law § 210 (see, Grubman v. Grubman, 156 A.D.2d 200).
The plaintiff wife sufficiently demonstrated a need for expert accounting assistance, and interim fees were appropriately awarded (see, Dzembo v. Dzembo, 160 A.D.2d 1144). The issue of whether or not the defendant husband's business is separate property (see, Price v. Price, 69 N.Y.2d 8) cannot be resolved on this record, and need not be resolved before interim accounting fees are awarded.
Concur — Sullivan, J.P., Rosenberger, Wallach, Kupferman and Rubin, JJ.